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Art. 238. Prisoner discharged if not timely demanded.-If the proper officer of the county where the offense is alleged to have been committed does not demand the prisoner and take charge of him within thirty days from the day he is committed, such prisoner shall be discharged from custody.

UTAH

UTAH CODE ANNOTATED

877-13-15. Duty of private persons arresting.-A private person who arrests another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate or deliver him to a peace officer.

877-13-17. Duty of arresting officers without warrant-Delivery of prisoner-Complaint-Duty of magistrate.-When an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unnecessary delay, be taken to the nearest or most accessible magistrate in the county in which the arrest is made, and a complaint, stating the charge against the person must be made before such magistrate. A conductor or other person who makes an arrest as provided in section 77-13-5 shall, without unnecessary delay, take the person so arrested before any accessible magistrate or deliver him to a peace officer; and a complaint stating the charge against the person must be made. The magistrate before whom such charge is made, if the offense is triable by him, shall have full jurisdiction over the offense and the defendant to try and determine such offense. If he has not jurisdiction to try the defendant for the offense charged, he must proceed as provided in chapter 15 of this title.

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§ 77-13-23. Procedure after arrest.—If an arrest is made in this state by an officer of another state in accordance with the provisions of section 77-13-22 he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

VERMONT

VERMONT STATUTES

§ 2376. Officers as informing officers, when.-When a sheriff, deputy sheriff or constable, or a police officer of a city or incorporated village, arrests a person for a misdemeanor without warrant, he shall take such person forthwith before a court having jurisdiction of the offense. Such officers shall be complaining officers for the purpose of making presentment against persons so arrested by them, by complaint in writing, under their oath of office and official signature, to the court before which such person is brought.

$2563. Arrest; officer; private citizen.-The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested, the accused shall be taken before a superior judge, assistant judge of the county court, or judge of a municipal court as soon as may be and complaint shall be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.

§ 2599. Hearing, commitment, discharge.—If an arrest is made in this state by an officer of another state in accordance with the provisions of section 2598, he shall without unnecessary delay take the person arrested before a superior judge, assistant Judge of the county court, or a judge of a municipal court of

the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If such judge determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit such person to bail pending the issuance of such warrant. If such judge determines that the arrest was unlawful, he shall discharge the person arrested.

VIRGINIA

CODE OF VIRGINIA

§ 19-52. Arrest without a warrant-The arrest of a person may be lawfully made also by any peace officer or private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year. But when so arrested the accused shall be taken before a judge, trial justice, justice of the peace or other officer authorized to issue criminal warrants in this State with all practicable speed and complaint made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.

§ 19-55. Discharge, recommitment, or renewal of bail.-If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, any judge or trial justice in this State may discharge him or may recommit him for a further period not to exceed sixty days, or such judge or trial justice may again take bail for his appearance and surrender, as provided in the preceding section, but within a period not to exceed sixty days after the date of such new bond.

§ 19-76. Arrest by officers of other states or the United States.-Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in close pursuit, and continues within this State in such close pursuit, of a person in order to arrest him on the ground that he has committed a felony in such other state shall have the same authority to arrest and hold in custody such person as members of a duly organized state, county or municipal peace unit of this State have to arrest and hold in custody a person on the ground that he has committed a felony in this State, if the state from which such person has fled extends similar privileges to any member of a duly organized state, county or municipal peace unit of this Commonwealth.

If an arrest is made in this State by an officer of another state in accordance with the provisions of the first paragraph of this section, he shall without unnecessary delay take the person arrested before a trial justice of the county or city or the judge of the circuit court of the county or of the corporation or hustings court of the city, in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the trial justice or judge determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor. If the trial justice or judge determines that the arrest was unlawful he shall dicharge the person arrested.

The first paragraph of this section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.

For the purpose of this section the word "State" shall include the District of Columbia.

§ 19-77. Duty of arresting officer; bail.—An officer arresting a person under a warrant for an offense shall bring such person before and return such warrant to a trial justice or justice of the peace of the county or corporation in which the warrant is issued, unless such person be let to bail as hereinafter mentioned, or it be otherwise provided.

WASHINGTON

REVISED CODE OF WASHINGTON

§ 10.04.020. Arrest-Offense committed in view of justice. If an offense is committed in view of a justice, he may by verbal direction to any constable, or if no constable is present, to any citizen, cause the constable or citizen to arrest the offender; and keep him in custody for the space of one hour, unless the offender is sooner taken from such custody by virtue of a warrant issued on

complaint on oath; a person so arrested shall not be confied in jail nor put upon any trial until arrested by virtue of a warrant.

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§ 10.16.020. Arrest of defendant-Summoning witnesses.-If it appears that any offense has been committed of which the superior court has exclusive jurisdiction, the magistrate shall issue a warrant reciting the substance of the accusation, and requiring the officer to whom it is directed, forthwith to take the person accused and bring him before the person issuing the warrant, or if he is absent or unable to attend thereto, before some other magistrate of the. county, to be dealt with according to law.

The same warrant may require the officer to summon the witnesses therein named, to appear and give evidence on the examination.

§ 10.88.080. Fresh pursuit-Preliminary examination by magistrate.-If an arrest is made in this state by an officer of another state under the authority of this chapter, he shall, without unnecessary delay, take the person arrested before a magistrate of the county in which the arrest was made. The magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest.

If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful, he shall discharge the person arrested.

WEST VIRGINIA

WEST VIRGINIA CODE

§ 6150. Delivery of prisoner and return of warrant.-An officer arresting a person under a warrant for an offense shall bring such person before, and return such warrant to, a justice of the county in which the warrant issued, unless such person be let to bail as provided in section 6 (sec. 6152) of this article, or it be otherwise provided.

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§ 6291 (2). Procedure upon arrest.—If an arrest is made in this State by an officer of another state in accordance with the provisions of section one (sec. 6291 (1)) of this article he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this State. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

WISCONSIN

WISCONSIN STATUTES

§ 354.034. Bail upon arrest.—(1) Bail in another county: (a) If the crime charged is not punishable by imprisonment in the state prison and the arrest is made in a county other than the county from which the warrant issued and the defendant requests to be brought before a magistrate of the county in which arrested, for the purpose of giving bail, the officer having him in custody shall take him before such a magistrate for that purpose and the magistrate may admit him to bail on his bond with sureties, to appear before the magistrate named in the warrant at a time and place stated in the bond.

(b) If the defendant is bailed, the magistrate shall certify the facts upon the warrant; and the warrant and bail bond shall be forthwith delivered by the officer to the magistrate before whom the defendant is bound to appear.

(2) Bail by officer: (a) The person issuing the warrant may fix the amount of the bail and indorse it on the warrant. If the defendant offers to give bail, the arresting officer may take his bond, with sufficient sureties, for his appearance before the magistrate at a time and place stated in the bond. In lieu of sureties, the defendant may deposit with the officer the amount of the bail required.

(b) If the defendant is so admitted to bail, the officer shall certify the facts upon the warrant and shall forthwith deliver the warrant and the bond and any deposit to the magistrate named in the warrant.

(3) Proceeding if bail not given: If the prisoner is not bailed, the officer shall take him before the magistrate named in the warrant or, in his absence, another magistrate of the county in which the warrant was issued.

§ 354.04. Prisoner taken before magistrate.-Except as provided otherwise in section 354.034, every person arrested upon a warrant shall be taken before the magistrate before whom it is returnable or if he is unable to attend before another magistrate of the same county. In cases not triable before the magistrate, the defendant shall not be required to plead.

WYOMING

WYOMING COMPILED STATUTES

§ 10-302. Citizens may make arrest.-Any person not an officer, may, without warrant, arrest any person if a petit larceny or felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.

§ 10-307. Accused may be arrested in any county.-If any person charged as aforesaid with the commission of an offense, shall flee from justice, it shall be lawful for the officer in whose hands the warrant for such person has been placed, to pursue, and arrest such person in any other county of this state and him to convey before the justice issuing the warrant, or any other justice having cognizance of the case of the county where such offense was committed.

§ 10-310. Duty of arresting officer to deliver person to justic.—Whenever any person has been arrested under a warrant as provided in chapter 1, title 3, division 5, of the Revised Statutes of Wyoming, of 1899, it shall be the duty of the official making such arrest to take the person so arrested before the proper justice and the warrant by virtue of which the arrest was made, with the proper return endorsed thereon and signed by the officer, shall be delivered to said justice.

EXHIBIT 33

THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D. C., February 14, 1958.

To: Hon. Thomas C. Hennings, Jr. (Attention: Mr. Charles H. Slayman, Jr.). From: American Law Division.

Subject: Bibliography for use in connection with the Mallory case.

Reference is made to your letter of February 6, 1958 requesting a bibliography on various subjects involved in the Mallory case dispute. The bibliography follows:

PART I. THE LAW OF ARRESTS, 1940 THROUGH 1958

AUGUST 1940 TO JULY 1943

Arrest Act. Journal of Criminal Law and Criminology. Volume 32, pages 207209. July-August 1941.

Arrest on Suspicion. Law Times. Volume 190, pages 176-178. October 5, 1940. Arrest without a warrant in West Virginia. West Virginia Law Quarterly. Volume 48, pages 207-225. April-June 1942.

Arrest without warrant of person found committing offence, instant and itinerant pursuit. Canadian Bar Review. Volume 19, pages 544-6. September 1941. Same. Irish Law Times. Volume 76, pages 27-28. January 24, 1942. Arrests without warrant. Law Journal. Volume 91, pages 292–293. August 2, 1941.

Arrests without warrant, interpretation of statutes. Canadian Bar Review. Volume 19, pages 693-694. November 1941.

Degree of reasonableness required in arrest without a warrant. Journal of Criminal Law and Criminology. Volume 31, pages 465 467. November-December 1940.

Illegality of arrest; a defense to assault and battery. Oregon Law Review. Volume 19, pages 374-375. June 1940.

Investigating the law of arrest. Journal of Criminal Law and Criminology. Volume 31, pages 111-121. May-June 1940.

Judiciary-Summary procedure. Judicial Review. Volume 43, pages 268–269. September 1941.

Law of arrest in Maryland. Maryland Law Review. Volume 5, pages 125–171. February 1941.

Legislative immunity, arrest under Motor Vehicle Code, limits of the legislative immunity. University of Pittsburgh Law Review. Volume 7, pages 150-156. January 1941.

Malicious prosecution-Arrest without warrant. 56, pages 233-235. October 1940.

Socttish Law Review. Volume

Modern trends in the American law of arrest. Canadian Bar Review. Volume 21, pages 191-214. March 1943.

Police power with reference to taking sponges, arrest without a warrant for misdemeanor, use of force in resisting unlawful arrest. Florida Law Journal. Volume 16, pages 127–128. April 1942.

Right of an officer to arrest without a warrant. Journal of Criminal Law and Criminology. Volume 32, pages 439–443. November-December 1941. Statutory powers of arrest. Law Times. Volume 192, pages 237-239. November

15, 1941.
Statutory rights of arrest.
85, page 401. October 11,

The Uniform Arrest Act.
January 1942.

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AUGUST 1943 TO JULY 1946

Arrest without a warrant by a peace officer in New York. New York University
Law Quarterly Review. Volume 21, pages 61-92. January 1946.
Arrest without warrant. Law Times. Volume 197, page 71.

February 26, 1944.

Same. The Solicitor. Volume 11, page 35. March 1944. Criminal procedure-Effect of defective warrant on a homicide committed in the course of its execution. Kentucky Law Journal. Volume 34, pages 73-77. November 1945.

Issuance of warrants of arrest under criminal informations. Federal Bar Journal. Volume 6, pages 291–304. April 1945.

Official homicide. Law Guild Review. Volume 6, pages 400-405. JanuaryFebruary 1946.

Powers of arrest; an American view. Justice of the Peace. Volume 107, pages 447-448. September 18, 1943.

Right to arrest without a warrant. Law Journal. Volume 96, pages 40-41. January 25, 1946.

Same. New Zealand Law Journal. Volume 22, page 81. April 2, 1946. Sheriff's bond, sureties on-Liability. Michigan Law Review. Volume 42, pages 943-944. April 1944.

Unintentional homicide in resistance to unlawful arrest. Maryland Law Re view. Volume 8, pages 47-60. December 1943.

AUGUST 1946 TO JULY 1949

Amount of force an officer may use to effect the arrest of a misdemeanant. Missouri Law Review. Volume 14, pages 76-80. January 1949.

Arrest of officer without a warrant. Tennessee Law Review. Volume 20, pages 269-271. April 1948.

Arrest-Search-Seizure.

Journal of the Bar Association of Kansas. Volume

16, pages 388-416. May 1948. Arrest without warrant-duty to give true ground of arrest. Canadian Bar Review. Volume 25, pages 660–663. June-July 1947.

Same. Scottish Law Review. Volume 63, pages 205–208. August 1947. Authority of highway patrol to stop and search motor vehicles without warrant. Journal of Criminal Law and Criminology. Volume 38, pages 239-244. September-October 1947.

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